Partner
Specialization
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Dispute resolution
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Tax legislation
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Industries: Energy development (heating network, retail electricity market, wholesale electricity market (WEM)
Biography
Профессиональная юридическая деятельность с 2001 года.
Prior to joining LexProf Mikhail Shklovsky worked as a corporate lawyer (law consultant). His legal practice focused on arbitration, corporate law in such companies as OAO “Rostelecom” and OAO “Mosoblenergo”.
In 2010 he focused his practice on energy development in the United Metallurgical Company (UMC).
In 2011 he is a leading expert of energy development legislation in OAO “Fortum”.
In June, 2014 Mikhail joined LexProf as a Partner.
Momentous projects
Momentous court trials
Mikhail provided legal protection of the client’s rights against the prosecutor who challenged a $2,7 million property sale which was performed under the tax authority enforcement. The claims against the bailiff and the sale procedure violations were dismissed by the court as the claimant proved none of the facts related to the violations.
Mikhail provided legal assistance to the investor with the investment deal (the total cost of premises - $1,4 million).
Mikhail instituted an appeal against tax field audit of the large enterprise – property tax, VAT, profit tax – with the total sum in $1,4 million.
Mikhail initiated an appeal against tax field audit of the large retail outlet with the sum in $4 million. The claim to recognize the tax authority decision null and void was satisfied.
He provided legal support in the dispute with the Tax Authority regarding VAT rate. In 2005 one and the same product was classified as different products. One of the classification groups of this product was taxed at a concessionary 10% tax rate. The court satisfied the claim.
Mikhail conducted the following legal Due Diligence audits
Legal audit of a large mobile operator on its coverage area including Siberian Federal okrug .
Legal audit of the energy development plants.
Mikhail developed the structure of the deal and provided legal assistance with the acquisition of production assets of a natural monopoly entity and coordinated the biddings in an anti-monopoly authority.
Labour Law practice
Mikhail contributed to the coordination and legal preparedness for the Interregional industry-specific tariff-planning agreement between the energy-supply companies and All-Russian «Electric Trade Union » (ARETU).
Law-making projects
2010 - 2014: Mikhail participated in drafting industry-specific legislation in a working party affiliated to the government of the RF, State Duma, ministries and public organizations.
Mikhail drafted The Decree of the RF Government dated - 03.11.2011 №882.
Mikhail took part in drafting and amending the adopted statutes including F3 “On water supply and wastewater disposal systems”, Housing Code of the RF, F3 “On heating network”, F3 “On electricity industry”, F3 “On concessional agreements”. Housing and communal service regulations…, Regulations regarding the connection to the heat supply system, Price formation and heat supply, Regulations concerning heat supply tariffs, The rules to conclude long–term heat supply agreements at prices as agreed by both Parties…,Regulations related to the organization of heat supply, The rules dealing with coordination and validation of the investment programs of organizations that provide heat supply regulation…, etc..
Mikhail participated to the reform conception in the sphere of energy development (heating network). The reform implied the setting of heating prices taking into account an alternative boiler.
Mikhail was a expert member of the Advisory board affiliated to the Energy development Committee Chairman at the 6th State Duma convocation devoted to the “Strengthening of payment discipline in the sphere of Energy industry and Municipal engineering”..
He also contributed to the work of the expert community affiliated to the Working party of the Expert Council affiliated to the Government of the Russian Federation that focuses on the development of Municipal engineering; the heating network group of Non Profit Partnership “Council of power producers”; Analytical Centre affiliated to the Government of the RF dealing with the same issues; Strategic Initiative Agency affiliated to the RF Government, Non Profit Market Council; Russian Heat Supply Non-Profit Partnership; Russian Non Profit energy supply companies.
Awards
Mikhail was awarded a Certificate of Merit by the Advisory Board affiliated to the Energy development Committee Chairman in State Duma of the Federal Assembly. He was also awarded a medal by the Russian Heating Network Non Profit Partnership (RNNPP) “For the contribution to the heating network development”.
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